A video posted to Facebook on Friday, Dec. 9, 2016,...

A video posted to Facebook on Friday, Dec. 9, 2016, shows a pit bull in a crate cowering and yelping as he appears to be poked by Brian DeMartino, said Gary Rogers, head of the Nassau County SPCA, which is investigating. Credit: Facebook via Tommy Marrone

UPDATE: An investigation into a video that appeared to show an Oceanside man poking a caged dog with a stick has been closed without resulting in criminal charges, the Nassau County district attorney’s office said. 
Prosecutors said they did not charge dog trainer Brian DeMartino, 46, after determining that the date, time and jurisdiction of the video couldn’t be authenticated and after showing a longer, unedited version to several dog training experts, including those with national humane associations, “who declined to say that the methodologies depicted and narrated went beyond industry standards.”
In a separate action, DeMartino accepted a conditional plea to a violation for sending what prosecutors described as a “menacing text” to the man who posted the video on social media. He satisfied all plea conditions and that matter is now sealed, the district attorney’s office said.


The story below was originally published on Dec. 18, 2016.

Nassau County legislators on Monday will hold a news conference in Oceanside to propose state legislation to create a license for dog obedience training.

The proposal comes after a video surfaced earlier this month that shows a pit bull in a crate cowering and yelping as he appears to be poked aggressively at a dog-training facility, officials said in a news release.

Speakers at the 11 a.m. event at 32 Murray Dr. include state Sen. Todd Kaminsky (D-Long Beach), Assemb.-elect Missy Miller (R-Atlantic Beach) and Gary Rogers, the head of the Nassau County SPCA, and Tommy Marrone, an Oceanside resident who on Dec. 9 posted the video on his Facebook page.

Rogers, who said the SPCA is investigating the incident in the video, said the dog was being poked by Brian DeMartino, 44, who owns NYDogWorks, a board-away dog training facility in Oceanside.

DeMartino did not return calls for comment.

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